WSR 97-17-074

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-152--Filed August 18, 1997, 4:47 p.m., effective September 2, 1997, 7:00 p.m.]

Date of Adoption: August 18, 1997.

Purpose: Commercial fishing regulations.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-33-01000Q; and amending WAC 220-33-010.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Harvestable numbers of salmon and sturgeon are available. These select area fisheries (terminal areas) are part of an on-going BPA funded study to design fisheries in areas outside of the mainstem Columbia River. Rule is consistent with actions of the Columbia River Compact on August 1, 1997, and the Endangered Species Act. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: September 2, 1997, 7:00 p.m.

August 18, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-33-01000Q Columbia River gillnet seasons below Bonneville. Notwithstanding the provisions of WAC 220-33-010, WAC 220-33-020, and WAC 220-33-030, it is unlawful for a person to take or possess salmon, shad, and sturgeon taken for commercial purposes from Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E except during the times and conditions listed:

Area: Big Creek Terminal Area

Description: The Big Creek terminal salmon fishing area is Calendar and Big Creeks sloughs east from boundary markers at the west end of Minaker Island, upstream to marker at south bank at mouth of Blind Slough across to a marker on the north bank of Blind Slough, thence west to a marker on Karlson Island, except within a 100 foot radial closure at the mouth of Big Creek.

Season: 7:00 p.m. September 2 to 7:00 p.m. September 4, 1997;

7:00 p.m. September 9 to 7:00 p.m. September 11, 1997.

Gear: 100 fathoms maximum length.

No limit on amount of weight on lead line.

No mesh restriction.

Allowable Sale: Salmon and sturgeon

Area: Blind Slough Terminal Fishery

Description: In Blind Slough, from the railroad bridge downstream to markers at the mouth of Blind Slough and for Oregon license holders upstream to markers at the mouth of Gnat Creek.

Season: 7:00 p.m. Mondays to 7:00 a.m. Tuesdays;

7:00 p.m. Tuesday to 7:00 a.m. Wednesday of each week beginning September 8 through September 23, 1997;

6:00 p.m. Sunday to 8:00 a.m. Monday;

6:00 p.m. Monday to 8:00 a.m. Tuesday;

6:00 p.m. Tuesday to 8:00 a.m. Wednesday;

of each week beginning September 28 through October 21, 1997.

Gear: Nets restricted to 50 fathoms in length.

No weight restriction on lead line.

No mesh restriction.

Allowable sale: Salmon

Area: Tongue Point Terminal Fishery

Description: Tongue Point basin is open to fishing in all waters bounded by a line from the red light at Tongue Point to the flashing green light at the rock jetty on the northwesterly tip of Mott Island, a line from a marker at the south end of Mott Island easterly to a marker on the northwest bank on Lois Island, and a line from a marker on the southwest end of Lois Island due westerly to a marker on the opposite bank.

Season: 7:00 p.m. Wednesdays to 7:00 a.m. Thursdays;

7:00 p.m. Thursdays to 7:00 a.m. Fridays

of each week beginning September 3 through September 25, 1997

6:00 p.m. Wednesdays to 8:00 a.m. Thursday;

6:00 p.m. Thursdays to 8:00 a.m. Fridays

of each week beginning October 1 through October 23, 1997.

Gear: Nets restricted to maximum length of 250 fathoms.

Weight on lead line not to exceed 2 pounds on any one fathom.

No mesh restriction.

Allowable sale: Salmon

Area: Deep River Terminal Fishery

Description: In Deep River, from the town of Deep River to the mouth of Deep River defined by a marker at Miller Point westerly to a marker on the opposite bank. Area from town of Deep River downstream to Highway 4 Bridge open only to Washington license holders.

Season: 7:00 p.m. Mondays to 7:00 a.m. Tuesdays;

7:00 p.m. Tuesdays to 7:00 a.m. Wednesdays;

of each week beginning September 8 through September 23, 1997.

6:00 p.m. Sundays to 8:00 a.m. Mondays;

6:00 p.m. Mondays to 8:00 a.m. Tuesdays;

6:00 p.m. Tuesdays to 8:00 a.m. Wednesdays;

of each week beginning September 28 through October 21, 1997.

Gear: Nets restricted to 100 fathoms in length.

No weight restriction on lead line.

No mesh restrictions.

Allowable Sale: Salmon

Additional Rule: For all areas listed above it is unlawful to transport fish outside of the fishing area when the adjacent mainstem Columbia River is closed unless by licensed buyer, or if the catch has been "sampled" by a representative of the Washington Department of Fish and Wildlife. "Sampled" means the catch was examined and a permit was issued.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 8:01 a.m. October 23, 1997: